Spain's migrant regularization set for imminent approval after Council of State review

Hundreds of thousands of undocumented migrants face uncertainty and anxiety due to delays, while vulnerable populations are increasingly targeted by fraudulent schemes charging up to €550 for non-existent services.
Fraudsters charging migrants 550 euros for appointments that don't exist yet
As delays mount, scammers are exploiting the uncertainty surrounding the regularization program's launch.

The State Council endorsed the regularization decree on Friday, clearing the way for Cabinet approval likely next Tuesday, benefiting hundreds of thousands of undocumented migrants in Spain. Eligible applicants must have been in Spain before December 31 and maintained continuous residence for five months, with municipal records and alternative documents accepted as proof of residency.

  • Council of State approved the decree Friday; Cabinet vote expected next Tuesday
  • Applicants must have been in Spain before December 31 and lived continuously for 5 months
  • June 30 deadline for applications; fraudsters charging up to €550 for fake services
  • Popular legislative initiative backed by 600,000+ signatures; Congress blocked by political disagreement
  • PP, Vox, and Junts voted March 18 to urge government to abandon the measure

Spain's government is poised to approve an extraordinary migrant regularization decree following the State Council's favorable opinion, with Cabinet approval expected imminently despite mounting uncertainty among applicants as the June 30 deadline approaches.

Spain's government is preparing to approve an extraordinary regularization program for undocumented migrants—a measure that will reshape the legal status of hundreds of thousands of people living in the country. The Cabinet is expected to vote on the decree next Tuesday, according to government officials, but the path to that moment has been slower and more uncertain than many hoped.

Back in January, the government announced it would launch this regularization process and said applications could begin in early April. That deadline has long passed. Weeks have accumulated without the measure appearing in Spain's official gazette, the Boletín Oficial del Estado, leaving applicants in a state of mounting anxiety as the June 30 application deadline draws closer with each passing day. On Friday, the Council of State—the government's advisory body—finally delivered its opinion on the decree, offering what it called "observations" for improving the regulation. Carmen Calvo, the Council's president, confirmed the submission. Government officials have welcomed the review and say they are now working to incorporate the Council's recommendations before bringing the final text to the Cabinet.

The Ministry of Inclusion, Social Security, and Migration has emphasized that the Council of State "endorses" and "supports" the urgent approval of changes to the Foreign Nationals Regulation needed to begin the extraordinary regularization process. Minister Elma Saiz has offered reassurances in recent days, insisting there will be "sufficient time" for applicants to complete the procedures and that the process will be "agile and effective." Yet the government continues to stress that the regularization has not yet been formally approved, the final requirements remain unknown, and no one can yet apply or request an appointment.

According to the draft decree that underwent public consultation, the program will benefit people who were in Spain before December 31 of last year and who have lived continuously in the country for five months before submitting their application. The measure also covers asylum seekers who filed their petitions before that date. All applicants must have no criminal record. To prove residency, people can use municipal registration documents, medical reports, utility bills, rental contracts, or proof of money transfers. The regulation includes a safeguard for those unable to obtain a criminal record certificate: if neither the applicant nor the Spanish government can secure one after a reasonable period, they can submit a signed declaration affirming they meet this requirement.

But as the weeks stretch on, uncertainty and anxiety are spreading among those waiting for official publication. Vicky Columba, a spokesperson for the "Regularización Ya" platform—which launched a popular legislative initiative backed by more than 600,000 signatures before becoming stalled in Congress due to political disagreement—has warned that delays are fueling misinformation, anti-immigration rhetoric, and exploitation. She has documented numerous cases of lawyers and self-styled experts attempting to charge migrants up to 550 euros for appointments that do not yet exist or for advice on procedures that cannot yet be completed. Columba expressed frustration that the Council of State took a month to issue its opinion. The platform is confident the government will have the capacity to handle the expected volume of applications, having been assured that all necessary public offices and resources will be mobilized. Columba said the platform expects approval at next Tuesday's Cabinet meeting, but if that does not happen, they are prepared to demand an extension of the June 30 deadline to account for the accumulated delays.

Opposition has been fierce and consistent. The People's Party and Vox have opposed the measure from the start, focusing their criticism on the criminal record verification process and the possibility of submitting a signed declaration if a certificate cannot be obtained. This week, Alma Ezcurra, the People's Party's deputy secretary for sectoral coordination, posted on social media that the government's intention runs "counter to the express will of Congress by absolute majority." She was referring to a March 18 vote on a People's Party motion in Congress that passed with support from Vox, Junts, and UPN, calling on the government to "immediately abandon" the regularization project. The political battle over implementation and security safeguards continues even as the bureaucratic machinery moves toward approval.

There will be sufficient time for applicants to complete procedures and the process will be agile and effective
— Minister Elma Saiz
With each day of delay, misinformation, anti-immigration rhetoric, and exploitation of migrants grow
— Vicky Columba, Regularización Ya platform spokesperson
The Hearth Conversation Another angle on the story
Inventor

Why has this taken so long? The government announced it in January.

Model

The Council of State had to review the decree first. That's a required step, and it took them a month. Now the government has to incorporate their recommendations before the Cabinet can vote.

Inventor

And people are already being scammed?

Model

Yes. Because no one knows exactly when applications will open or what the final rules will be, fraudsters are charging migrants hundreds of euros for fake appointments and fake legal advice. It's predatory.

Inventor

What do the opposition parties actually object to?

Model

Mainly the criminal record verification. The regulation allows people to submit a signed declaration if they can't get an official certificate. The opposition says that's a security risk—that dangerous people could slip through.

Inventor

Is that a fair concern?

Model

It's a real tension. You need a way to verify people, but you also need a way forward when bureaucracies in other countries won't cooperate or move slowly. The government's answer is the declaration, but critics see it as a loophole.

Inventor

What happens if the Cabinet doesn't approve it next Tuesday?

Model

The activists are already talking about demanding an extension of the June 30 deadline. The delays have already cost people time and money. Another delay would make it worse.

Inventor

How many people are we talking about?

Model

Hundreds of thousands. This isn't a small program. It's a major shift in who gets legal status in Spain.

Contact Us FAQ